Patna High CourtCR. MISC./20157/2015disposed

Md. Islam Sah v. State Of Bihar And ANR

2015-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20157 of 2015 Arising Out of PS.Case No. -1095 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Md. Islam Sah, Son of Gulam Rasul Sah, Resident of Village - Bhutan Chakki, P.S.- Hathauri, District - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar

2. Bibi Mosina Khatoon, Wife of Md. Islam, D/O-Md. Safique Sah, At Present Resident of Village - Bhagwanpur Ghocha Tole, Mohna, P.S.- Bochahan, District - Muzaffarpur.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anish Kumar, Advocate.

For the Opposite Parties : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard both sides.

The petitioner apprehends his arrest in C. No. 1095 of 2013, corresponding to Trial No. 2298 of 2013, registered for the offences punishable under Section 498(A) and other Sections of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Submission is that the petitioner is the husband and he is ready to keep his wife.

Considering the facts aforesaid, the petitioner above named is directed to surrender in the court below within four weeks from the date of receipt/production of a copy of this order and the court below shall enlarge the petitioner on provisional bail,

Patna High Court Cr.Misc. No.20157 of 2015 (2) dt.19-05-2015 2/2 after issuing notice to the informant, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, East Muzaffarpur in C. No. 1095 of 2013, corresponding to Trial No. 2298 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and the court below shall make efforts for reconciliation between the husband and the wife. If the dispute is resolved, the provisional bail granted to the petitioner shall be confirmed and if the dispute does not resolve the court below shall pass order in accordance with law on the provisional bail of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T